2102348 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a protection visa for an applicant from China. The core of the dispute revolved around the timeliness of the applicant's application for review and whether the Tribunal possessed the necessary jurisdiction to hear the matter.

The primary legal issue before the Tribunal was whether the application for review had been lodged in accordance with the relevant legislative requirements. This involved determining if the applicant had met the statutory deadlines for lodging their application and responding to communications from the Tribunal.

The Tribunal found that the application for review was not received until 26 February 2021. As this date fell outside the period prescribed by the relevant legislation, the Tribunal concluded that the application had not been made in accordance with statutory requirements. Consequently, the Tribunal determined that it lacked jurisdiction to proceed with the review. The Tribunal made no orders as it found it had no jurisdiction in the matter.